Alleging negligence on the part of the Railway, she lodged a consumer complaint before the District Forum praying for compensation of Rs.1.5 lakhs along with interest @ 12% w.e.f. 10.10.1996, i.e., the date of loss of the valuables along with Rs.30,000/- by way of compensation on account of mental agony. The complaint was resisted by the Railways. They denied any negligence on their part and also submitted that railway administration is not liable for the goods which were not booked with them. They argued that the doctor was responsible for taking care of her luggage. They also raised the question of jurisdiction of the District Forum in the matter, saying that such matter can be heard only by Railway Claims Tribunal.
The District Forum, by its Order dated 14.7.2011, allowed the consumer complaint and directed Railways to pay Rs.1,50,000/- along with interest to the complainant from the date of filing of the application / complaint till its realization, and also Rs.50,000/- towards compensation for mental and physical agony and Rs.1000/- towards the costs of the litigation.
Railways challenged the Order before the State Commission. The State Commission dismissed the appeal of Railways.
Thereafter, Railways filed further appeal before National Consumer Disputes Redressal Commission (NCDRC) vide REVISION PETITION NO. 602 OF 2013 titled as “Union of India vs Dr. (Smt) Shobha Agarwal”.
Vide Judgment dated 22nd July 2013, the NCDRC (Bench of Justice Ajit Bharioke and Mr. Suresh Chandra) dismissed the Railway’s appeal. The NCDRC relied upon its earlier judgments in Union of India Vs. J.S. Kunwar [1 2010 CPJ 90 (NC)]; Union of India Vs. Sanjiv Dilsukhraj Dave [2003 CTJ 196 (CP) (NCDRC); Mrs. Kanthimathi Vs. Govt. of India.
The NCDRC held as under :
“A major responsibility cast on the TTE in addition to examining the tickets is that of ensuring that no intruders enter the reserved compartments…………..This is certainly a gross dereliction of duty which resulted in deficiency in service to the Respondents.
The price difference between the unreserved ticket and a reserved ticket is quite high and the traveling public who buy a reserved ticket would expect that they can enjoy the train journey with a certain minimum amount of security and safety.
… One has to presume that passenger would take reasonable care of his luggage. But, he cannot be expected to take measures against intruders getting easily into reserved compartments and running away with goods, when the railway administration is charged with the responsibility to prevent such unauthorized entry. We have entered the 21st century and we cannot carry on our daily life in the same age old fashion with bearing brunt of indifferent service provided by public authorities like Railways. People expect in the 21st century a modicum of efficient and reliable service, which provides at least safety of person and property while traveling in reserved compartments”.
“8. Undisputedly, the complainant and her daughter were travelling in a reserved coach and it was the duty of the TTE to ensure that no intruders entered the reserved compartment. Since apparently there was a failure on the part of the TTE to prevent entry of unauthorized person in the coach during the night, the Fora below were right in holding the petitioner liable for deficiency in service to the respondent in this regard.”
The NCDRC further held that consumer forum has jurisdiction to hear such matters and that in Railway Claims Tribunal, only matters relating to booking of parcels in Railways are heard.
Not satisfied with the same, the Railways again filed appeal in the Supreme Court of India, vide SLP (Civil) No.3322/2014. The Supreme Court (Bench of Justice C.K.Prasad and Justice P.C.Ghose) vide Order dated 31st January 2014 dismissed the Indian Railways appeal by ordering "The special leave petition is dismissed”.
Thus, the NCDRC’s order holding the Indian Railways liable to compensate the woman for theft of her luggage whose luggage was stolen while travelling by train and directing to pay Rs.2.01 lakh to her, was upheld by Supreme Court.
This is a very important judgment on the rights of train travelers. One must be aware of this judgment and exercise his rights accordingly. So, if your belongings or luggage gets stolen while travelling by train on reserved seat, get complaint / FIR registered with Railway police at the nearest Railway station (if they refuse to register, send it by Registered Post to the Superintendent of Police) and take its copy. If police is unable to recover your luggage for 6 months, then file a case in consumer forum.
Click here for NCDRC Order
